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Losing a loved one in an accident caused by someone else’s negligence or maliciousness is always a devastating and traumatic experience. In the immediate aftermath of such a colossal loss, thinking about filing a civil claim might be one of the last things on your mind.
While extra finances cannot come close to replacing the companionship your family lost, it could help make sure that you do not have to take on extra monetary and personal burdens because of someone else’s negligence.
During an initial consultation, a Marshfield wrongful death lawyer could explain your options and help determine the best way of protecting your family’s rights. Then, if you would like to pursue a civil claim, your experienced personal injury attorney could work tirelessly on your behalf to strengthen the impact of your case.
In a typical personal injury case, the plaintiff is the person directly injured by the negligent behavior of the defendant. The plaintiff or claimant would then seek financial compensation for specific losses they experienced or will experience because of the accident. Meanwhile, wrongful death claims must instead seek justice and compensation for losses sustained by the family members of the person who was killed in an accident.
Specific examples of reimbursement in wrongful death cases include:
A skilled attorney in Marshfield could investigate the losses that a family suffered to determine how much compensation they might be able to pursue in a wrongful death claim.
It is important to recognize that not all family members can file a wrongful death claim. According to Wisconsin Statutes §895.04, the right to pursue compensation through this method lies with, in order of priority, the decedent’s spouse or domestic partner, any minor children who were financially dependent on the person who passed, the decedent’s parents, the decedent’s grandparents, and the decedent’s siblings. Any of these family members are entitled to pursue compensation through a carefully assembled claim.
Meanwhile, it is crucial to remember that wrongful death cases are subject to strict time limits. For example, WI Stat §893.54 establishes a filing period of three years for wrongful death claims, beginning on the day that a family member passed away. The only exception to this rule would be if someone passed away in an automobile accident. In this case, the statute of limitations is usually two years. Failing to submit a claim within this time frame could have serious consequences, so acting quickly is important.
An experienced lawyer in Marshfield could help a family seeking justice for a wrongful death respect the statute of limitations and preserve their ability to pursue monetary damages.
When a family unexpectedly loses a loved one to a tragic accident, they should remember that they usually have legal options for resolving their case. However, pursuing fair financial recovery in a situation like this can be challenging in both procedural and emotional ways, especially without legal representation.
Thankfully, a knowledgeable Marshfield wrongful death lawyer could take the lead in pursuing financial compensation while you focus on your family’s immediate needs. Reach out to the office today to learn more about your options.
If you are recovering from an injury, you need to focus on regaining your health. You should not have to negotiate with stubborn insurance companies or compromise with a defendant.
A Wausau personal injury lawyer could lessen the stress and complications associated with collecting compensation, allowing you to recover fully. Call today to learn more about your options.
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